You hear about them almost every day. Another ruling on a wage and hour class action law suit. As an HR Professional, how can you know it all, and how can you help ensure that your company is in compliance?

1. Timekeeping Integration - The Key to
Compliance
Cynthia Hoyt Shelley Trout
With: Moderated by:
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https://www.recruitingbrief.com/webinar-series/payroll--and--compliance/
https://www.humanresourcestoday.com/webinar-series/payroll--and--compliance/

4. About Cynthia Hoyt
Cynthia Hoyt has been working with employers for the past 25 years. As a Regional Sales Director, she consults with
business owners and HR professionals to implement payroll, timekeeping and HR systems that best suit their budgets,
while solving workforce management challenges. Cynthia’s favorite aspect of her career is being able to make a
substantial difference for her clients by implementing programs that help create additional profits for the business
owners and corporations.
About Shelley Trout
Shelley went to UC Berkeley and majored in Anthropology & Archaeology. After working at the Center of Digital
Archaeology, she became fascinated with digital representations of personality and culture, and now leads Webinar
Production at Aggregage, providing some of the most interesting thought-leaders across a wide variety of industries with
a space to celebrate the diversity, depth, and experience of their professional cultures, personalities, and passions.

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In This Webinar You’ll Learn
1. The top 3 payroll compliance offenses that can cost your company huge
penalties.
2. A brief review of the FLSA, DOL, Meal Premiums and fair scheduling
regulations with the biggest impact.
3. What is timekeeping integration and what value does it provide for you
and your company.
4. How an accurate timekeeping system can help with compliance,
employer/employee transparency, increased productivity and decrease
workforce costs.
5. How to identify potential problems in your timekeeping that can expose
your company to risk of violation.
Timekeeping Integration - The Key to
Compliance

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Employees
• A company’s most expensive asset
• The employer must monitor hours, overtime, and
wages.
• Hidden costs come from lack of compliance with
certain rules and regulations
Timekeeping Integration - The Key to
Compliance

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The Department of Labor (DOL) fosters and promotes the
welfare of the job seekers, wage earners, and retirees of the
United States.
The DOL administers Federal labor laws including:
– Workers’ rights to safe and healthful working conditions
– Minimum hourly wage and overtime pay
– Freedom from employment discrimination
– Unemployment insurance
– Other income support
Timekeeping Integration - The Key to
Compliance

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The Wage and Hour Division (WHD) is responsible for administering and
enforcing a number of federal laws which set basic labor standards, among
them:
– The Fair Labor Standards Act (FLSA)
– The Family and Medical Leave Act (FMLA)
– The Migrant and Seasonal Agricultural Worker Protection Act
– The field sanitation standards of the Occupational Safety and Health Act
– The Employee Polygraph Protection Act
– Employment standards and worker protections under the Immigration and
Nationality Act
– Government contracts prevailing wage statutes
– Garnishment provisions of the Consumer Credit Protection Act
Timekeeping Integration - The Key to
Compliance

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The Fair Labor Standards Act (FLSA) is a U.S. law that is
intended to protect workers against certain unfair pay practices
or work regulations.
Among other things, the FLSA regulates:
– Minimum wage
– Overtime pay
– Recordkeeping
– Child labor standards
Timekeeping Integration - The Key to
Compliance

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Timekeeping Integration - The Key to
Compliance
According to the Wage and Hour Division of the Department of Labor, there were
8,261 FLSA lawsuits* brought against employers in 2017. https://www.tsheets.com/flsa-research-tool

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Timekeeping Integration - The Key to
Compliance
https://www.dol.gov/whd/data/

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Top 3 Payroll Compliance Offenses
1. Hours Worked and Overtime
2. Break & Meal Tracking
3. Fair Work Week
Timekeeping Integration - The Key to
Compliance

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Hours Worked and Overtime
Workweek: According to the DOLwebsite, a workweek is defined as a
“period of 168 hours during 7 consecutive 24-hour periods. It may begin
on any day of the week and at any hour of the day established by the
employer.
Generally, for the purposes of minimum wage and overtime payment,
each workweek stands alone; there can be no averaging of 2 or more
workweeks.
Employee coverage, compliance with wage payment requirements and
the application of most exemptions are determined on a workweek basis.”
Timekeeping Integration - The Key to
Compliance

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Hours Worked and Overtime
Overtime - State/Local laws – on top of Federal Laws
1. FLSA states the OT pay may not be waived
2. Aside from federal overtime regulation, many states and even
cities have their own regulations
3. Blended OT Rate
Timekeeping Integration - The Key to
Compliance

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What type of system are you using to track your
employee hours?
1. Individual employee timesheets
2. Timekeeper who keeps track of your employees' work hours
3. Time clock that doesn't communicate with your payroll
processing system
4. Time clock that communicates with your payroll processing
system
Timekeeping Integration - The Key to
Compliance

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Break & Meal Tracking
Every state has varying employer requirements. Some
states have expansive break requirements, while others
are very minimal. It's extremely important to know the
specifics for each state you have employees.
Timekeeping Integration - The Key to
Compliance

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Fair Work Week
What do we mean by Fair Work Week?
• Specific cities, states, and industries are now subject to the Fair Work
Week initiative, where it states the employee has the right to a
predictable work schedule.
• If a manager makes any changes to a published schedule, there needs
to be a reason recorded. Penalties are determined based on the reason
provided, and the notice provided to the effected employee.
Timekeeping Integration - The Key to
Compliance

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Fair Work Week
Which states/localities and industries have these requirements?
• The FWW act mainly applies to Fast Food, Restaurant, and
Retail industries, with a few exceptions.
• Oregon; Seattle, WA; San Francisco and Emeryville, CA; NYC,
NY
Timekeeping Integration - The Key to
Compliance

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Fair Work Week
What to consider when evaluating your compliance with these rules:
• Employer must maintain records for each employee for 3 years, and make
records available to employee on reasonable request.
• How far in advance do you schedule?
• How close to the shift can things change?
• Are you in a city/market that is penalized for adding or changing a shift inside
10-14 days?
• Employees have anywhere from 24 to 72 hours to respond to changes to their
schedule based on the managers reason for changing the shift and the
proximity to the shift in question.
Timekeeping Integration - The Key to
Compliance

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Fair Work Week
“Clopening”
Certain industries require an employee to have a specified
number of hours off duty between 2 scheduled shifts. Many
locations call this “Clopening” to prevent a closer to be
scheduled to open. There are fines to the employer if this
violation is reported.
Timekeeping Integration - The Key to
Compliance

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What are you tracking?
1. Hours worked only
2. Hours worked and meal breaks
3. Hours worked, breaks, and meal breaks
4. Hours worked, breaks, meal brakes, and job codes
5. Hours worked, breaks, meal brakes, job codes and employee schedules
Timekeeping Integration - The Key to
Compliance

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Why Integration & Not Paper?
• Decrease the Amount of Paper
• Remove the Possibility of Human Error
• Simplify Complicated Calculations
• Easy to Get Set Up
• Shorten the Hours and Resources Spent Processing Payroll
• Low Cost, $2.50 per Employee per Month
• Helps Ensure Compliance for Any Industry
Timekeeping Integration - The Key to
Compliance

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What is Integration?
Timekeeping Integration - The Key to
Compliance

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Why Use an Integrated Timekeeping System?
Timekeeping Integration - The Key to
Compliance
1. Transparency between the employer and employee
2. Ability to track multiple jobs for the same employee
3. Reporting capabilities
4. Time card approvals
5. Employee Data stored in one location
6. Can be more affordable than you think

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How to Avoid Committing a Wage and Hour Violation
Timekeeping Integration - The Key to
Compliance
• Hold regular check-ins with your employment counsel to ensure
you’re in compliance with DOL, WHD, and FLSA regulations.
• Study up on federal and applicable state minimum wage and
overtime laws to confirm you’re paying your employees fairly.
• When it comes to WHD violations (Wage and Hour Division),
keep accurate and accessible records of employee time worked
for at least two years. - Check both state and federal
requirements and choose the longest time period

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Are You Using a Detailed Integrated Timekeeping
System that Serves Your Company Needs?
1. Yes
2. No
Timekeeping Integration - The Key to
Compliance

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Download Timekeeping Checklists
Labor Law Compliance Checklist - Use this checklist as a guide to see if
you have any obvious problems in your timekeeping that expose you to risk of
violation.
Daily Timekeeping Checklist - Some states, like New York, specify that
timekeeping must be daily. Use this checklist to identify timekeeping
problems in your operation that could be a problem during audit.
Text your name and email address to 714.642.1466
Timekeeping Integration - The Key to
Compliance

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Disclaimer
Cynthia Hoyt is not an attorney. This presentation is intended for
informational purposes only and should not be relied upon in reaching a
conclusion in a particular area of law. Applicability of the legal
principles discussed may differ substantially in individual situations.
Receipt of this or any other presentation material does not create an
attorney-client relationship. Be sure to consult professionals like your
employment law attorney, HR professional and workforce management
partner for solutions that best fit your company needs.
Timekeeping Integration - The Key to
Compliance

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Q&A
https://www.recruitingbrief.com/webinar-series/payroll--and--compliance/
https://www.humanresourcestoday.com/webinar-series/payroll--and--compliance/
Shelley Trout
With: Moderated by:
Regional Sales Director
Linkedin page: /in/cynthia-hoyt
Office: 714.775.1555
Mobile: 714.642.1466
Cynthia Hoyt
Editor, Human Resources Today & Recruiting Brief
Linkedin page: /in/shelleytrout
Twitter ID: @hrposts/ @recruitingbrief
Website: www.aggregage.com